HB 4051

1	A bill to be entitled
2	An act relating to the death penalty; amending s.
3	775.082, F.S.; deleting provisions providing for the
4	death penalty for capital felonies; deleting
5	provisions relating to the effect of a declaration by
6	a court of last resort that the death penalty in a
7	capital felony is unconstitutional; amending ss. 27.51
8	and 27.511, F.S.; deleting provisions relating to
9	representation in death penalty cases; repealing ss.
10	27.7001, 27.7002, 27.701, 27.702, 27.703, 27.704,
11	27.705, 27.706, 27.707, 27.708, 27.7081, 27.7091,
12	27.710, 27.711, and 27.715, F.S., relating to capital
13	collateral representation; amending s. 119.071, F.S.;
14	deleting a public records exemption relating to
15	capital collateral proceedings; amending ss. 775.15
16	and 790.161, F.S.; deleting provisions relating to the
17	effect of a declaration by a court of last resort
18	declaring that the death penalty in a capital felony
19	is unconstitutional; repealing s. 913.13, F.S.,
20	relating to jurors in capital cases; repealing s.
21	921.137, F.S., relating to prohibiting the imposition
22	of the death sentence upon a defendant with mental
23	retardation; repealing s. 921.141, F.S., relating to
24	determination of whether to impose a sentence of death
25	or life imprisonment for a capital felony; repealing
26	s. 921.142, F.S., relating to determination of whether
27	to impose a sentence of death or life imprisonment for
28	a capital drug trafficking felony; amending ss.
29	782.04, 394.912 782.065, 794.011, and 893.135, F.S.;
30	conforming provisions to changes made by the act;
31	repealing ss. 922.052, 922.06, 922.07, 922.08,
32	922.095, 922.10, 922.105, 922.108, 922.11, 922.111,
33	922.12, 922.14, and 922.15, F.S., relating to issuance
34	of warrant of execution, stay of execution of death
35	sentence, proceedings when person under sentence of
36	death appears to be insane, proceedings when person
37	under sentence of death appears to be pregnant,
38	grounds for death warrant, execution of death
39	sentence, prohibition against reduction of death
40	sentence as a result of determination that a method of
41	execution is unconstitutional, sentencing orders in
42	capital cases, regulation of execution, transfer to
43	state prison for safekeeping before death warrant
44	issued, return of warrant of execution issued by
45	Governor, sentence of death unexecuted for
46	unjustifiable reasons, and return of warrant of
47	execution issued by Supreme Court, respectively;
48	amending s. 924.055, F.S.; deleting provisions
49	relating to legislative intent concerning appeals and
50	postconviction proceedings in death penalty cases;
51	repealing ss. 924.056 and 924.057, F.S., relating to
52	commencement of capital postconviction actions for
53	which sentence of death is imposed on or after January
54	14, 2000, and limitation on postconviction cases in
55	which the death sentence was imposed before January
56	14, 2000, respectively; amending ss. 924.058 and
57	924.059, F.S.; conforming provisions to changes made
58	by the act; amending s. 925.11, F.S.; deleting
59	provisions relating to preservation of DNA evidence in
60	death penalty cases; amending s. 945.10, F.S.;
61	deleting a public records exemption for the identity
62	of executioners; providing an effective date.
63
64	Be It Enacted by the Legislature of the State of Florida:
65
66	Section 1.  Subsections (1) and (2) of section 775.082,
67	Florida Statutes, are amended to read:
68	775.082  Penalties; applicability of sentencing structures;
69	mandatory minimum sentences for certain reoffenders previously
70	released from prison.-
71	(1)  A person who has been convicted of a capital felony
72	shall be punished by death if the proceeding held to determine
73	sentence according to the procedure set forth in s. 921.141
74	results in findings by the court that such person shall be
75	punished by death, otherwise such person shall be punished by
76	life imprisonment and shall be ineligible for parole.
77	(2)  In the event the death penalty in a capital felony is
78	held to be unconstitutional by the Florida Supreme Court or the
79	United States Supreme Court, the court having jurisdiction over
80	a person previously sentenced to death for a capital felony
81	shall cause such person to be brought before the court, and the
82	court shall sentence such person to life imprisonment as
83	provided in subsection (1). No sentence of death shall be
84	reduced as a result of a determination that a method of
85	execution is held to be unconstitutional under the State
86	Constitution or the Constitution of the United States.
87	Section 2.  Paragraphs (d), (e), and (f) of subsection (1)
88	of section 27.51, Florida Statutes, are amended to read:
89	27.51  Duties of public defender.-
90	(1)  The public defender shall represent, without
91	additional compensation, any person determined to be indigent
92	under s. 27.52 and:
93	(d)  Sought by petition filed in such court to be
94	involuntarily placed as a mentally ill person under part I of
95	chapter 394, involuntarily committed as a sexually violent
96	predator under part V of chapter 394, or involuntarily admitted
97	to residential services as a person with developmental
98	disabilities under chapter 393. A public defender shall not
99	represent any plaintiff in a civil action brought under the
100	Florida Rules of Civil Procedure, the Federal Rules of Civil
101	Procedure, or the federal statutes, or represent a petitioner in
102	a rule challenge under chapter 120, unless specifically
103	authorized by statute; or
104	(e)  Convicted and sentenced to death, for purposes of
105	handling an appeal to the Supreme Court; or
106	(e)(f)  Is appealing a matter in a case arising under
107	paragraphs (a)-(d).
108	Section 3.  Paragraphs (e), (f), and (g) of subsection (5)
109	and subsection (8) of section 27.511, Florida Statutes, are
110	amended to read:
111	27.511  Offices of criminal conflict and civil regional
112	counsel; legislative intent; qualifications; appointment;
113	duties.-
114	(5)   When the Office of the Public Defender, at any time
115	during the representation of two or more defendants, determines
116	that the interests of those accused are so adverse or hostile
117	that they cannot all be counseled by the public defender or his
118	or her staff without a conflict of interest, or that none can be
119	counseled by the public defender or his or her staff because of
120	a conflict of interest, and the court grants the public
121	defender's motion to withdraw, the office of criminal conflict
122	and civil regional counsel shall be appointed and shall provide
123	legal services, without additional compensation, to any person
124	determined to be indigent under s. 27.52, who is:
125	(e)  Convicted and sentenced to death, for purposes of
126	handling an appeal to the Supreme Court;
127	(e)(f)  Appealing a matter in a case arising under
128	paragraphs (a)-(d); or
129	(f)(g)  Seeking correction, reduction, or modification of a
130	sentence under Rule 3.800, Florida Rules of Criminal Procedure,
131	or seeking postconviction relief under Rule 3.850, Florida Rules
132	of Criminal Procedure, if, in either case, the court determines
133	that appointment of counsel is necessary to protect a person's
134	due process rights.
135	(8)  The public defender for the judicial circuit specified
136	in s. 27.51(4) shall, after the record on appeal is transmitted
137	to the appellate court by the office of criminal conflict and
138	civil regional counsel which handled the trial and if requested
139	by the regional counsel for the indicated appellate district,
140	handle all circuit court appeals authorized pursuant to
141	paragraph (5)(e)(f) within the state courts system and any
142	authorized appeals to the federal courts required of the
143	official making the request. If the public defender certifies to
144	the court that the public defender has a conflict consistent
145	with the criteria prescribed in s. 27.5303 and moves to
146	withdraw, the regional counsel shall handle the appeal, unless
147	the regional counsel has a conflict, in which case the court
148	shall appoint private counsel pursuant to s. 27.40.
149	Section 4.  Sections 27.7001, 27.7002, 27.701, 27.702,
150	27.703, 27.704, 27.705, 27.706, 27.707, 27.708, 27.7081,
151	27.7091, 27.710, 27.711, and 27.715, Florida Statutes, are
152	repealed.
153	Section 5.  Paragraph (d) of subsection (1) of section
154	119.071, Florida Statutes, is amended to read:
155	119.071  General exemptions from inspection or copying of
156	public records.-
157	(1)  AGENCY ADMINISTRATION.-
158	(d)1.  A public record that was prepared by an agency
159	attorney (including an attorney employed or retained by the
160	agency or employed or retained by another public officer or
161	agency to protect or represent the interests of the agency
162	having custody of the record) or prepared at the attorney's
163	express direction, that reflects a mental impression,
164	conclusion, litigation strategy, or legal theory of the attorney
165	or the agency, and that was prepared exclusively for civil or
166	criminal litigation or for adversarial administrative
167	proceedings, or that was prepared in anticipation of imminent
168	civil or criminal litigation or imminent adversarial
169	administrative proceedings, is exempt from s. 119.07(1) and s.
170	24(a), Art. I of the State Constitution until the conclusion of
171	the litigation or adversarial administrative proceedings. For
172	purposes of capital collateral litigation as set forth in s.
173	27.7001, the Attorney General's office is entitled to claim this
174	exemption for those public records prepared for direct appeal as
175	well as for all capital collateral litigation after direct
176	appeal until execution of sentence or imposition of a life
177	sentence.
178	2.  This exemption is not waived by the release of such
179	public record to another public employee or officer of the same
180	agency or any person consulted by the agency attorney. When
181	asserting the right to withhold a public record pursuant to this
182	paragraph, the agency shall identify the potential parties to
183	any such criminal or civil litigation or adversarial
184	administrative proceedings. If a court finds that the document
185	or other record has been improperly withheld under this
186	paragraph, the party seeking access to such document or record
187	shall be awarded reasonable attorney's fees and costs in
188	addition to any other remedy ordered by the court.
189	Section 6.  Subsection (1) of section 775.15, Florida
190	Statutes, is amended to read:
191	775.15  Time limitations; general time limitations;
192	exceptions.-
193	(1)  A prosecution for a capital felony, a life felony, or
194	a felony that resulted in a death may be commenced at any time.
195	If the death penalty is held to be unconstitutional by the
196	Florida Supreme Court or the United States Supreme Court, all
197	crimes designated as capital felonies shall be considered life
198	felonies for the purposes of this section, and prosecution for
199	such crimes may be commenced at any time.
200	Section 7.  Subsection (4) of section 790.161, Florida
201	Statutes, is amended to read:
202	790.161  Making, possessing, throwing, projecting, placing,
203	or discharging any destructive device or attempt so to do,
204	felony; penalties.-A person who willfully and unlawfully makes,
205	possesses, throws, projects, places, discharges, or attempts to
206	make, possess, throw, project, place, or discharge any
207	destructive device:
208	(4)  If the act results in the death of another person,
209	commits a capital felony, punishable as provided in s. 775.082.
210	In the event the death penalty in a capital felony is held to be
211	unconstitutional by the Florida Supreme Court or the United
212	States Supreme Court, the court having jurisdiction over a
213	person previously sentenced to death for a capital felony shall
214	cause such person to be brought before the court, and the court
215	shall sentence such person to life imprisonment if convicted of
216	murder in the first degree or of a capital felony under this
217	subsection, and such person shall be ineligible for parole. No
218	sentence of death shall be reduced as a result of a
219	determination that a method of execution is held to be
220	unconstitutional under the State Constitution or the
221	Constitution of the United States.
222	Section 8.  Section 913.13, Florida Statutes, is repealed.
223	Section 9.  Section 921.137, Florida Statutes, is repealed.
224	Section 10.  Sections 921.141 and 921.142, Florida
225	Statutes, are repealed.
226	Section 11.  Subsection (1) of section 782.04, Florida
227	Statutes, is amended to read:
228	782.04  Murder.-
229	(1)(a)  The unlawful killing of a human being:
230	(a)1.  When perpetrated from a premeditated design to
231	effect the death of the person killed or any human being;
232	(b)2.  When committed by a person engaged in the
233	perpetration of, or in the attempt to perpetrate, any:
234	1.a.  Trafficking offense prohibited by s. 893.135(1),
235	2.b.  Arson,
236	3.c.  Sexual battery,
237	4.d.  Robbery,
238	5.e.  Burglary,
239	6.f.  Kidnapping,
240	7.g.  Escape,
241	8.h.  Aggravated child abuse,
242	9.i.  Aggravated abuse of an elderly person or disabled
243	adult,
244	10.j.  Aircraft piracy,
245	11.k.  Unlawful throwing, placing, or discharging of a
246	destructive device or bomb,
247	12.l.  Carjacking,
248	13.m.  Home-invasion robbery,
249	14.n.  Aggravated stalking,
250	15.o.  Murder of another human being,
251	16.p.  Resisting an officer with violence to his or her
252	person, or
253	17.q.  Felony that is an act of terrorism or is in
254	furtherance of an act of terrorism; or
255	(c)3.  Which resulted from the unlawful distribution of any
256	substance controlled under s. 893.03(1), cocaine as described in
257	s. 893.03(2)(a)4., opium or any synthetic or natural salt,
258	compound, derivative, or preparation of opium, or methadone by a
259	person 18 years of age or older, when such drug is proven to be
260	the proximate cause of the death of the user,
261
262	is murder in the first degree and constitutes a capital felony,
263	punishable as provided in s. 775.082.
264	(b)  In all cases under this section, the procedure set
265	forth in s. 921.141 shall be followed in order to determine
266	sentence of death or life imprisonment.
267	Section 12.  Paragraph (a) of subsection (9) of section
268	394.912, Florida Statutes, is amended to read:
269	394.912  Definitions.-As used in this part, the term:
270	(9)  "Sexually violent offense" means:
271	(a)  Murder of a human being while engaged in sexual
272	battery in violation of s. 782.04(1)(b) 782.04(1)(a)2.;
273	Section 13.  Subsection (1) of section 782.065, Florida
274	Statutes, is amended to read:
275	782.065  Murder; law enforcement officer.-Notwithstanding
276	ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
277	defendant shall be sentenced to life imprisonment without
278	eligibility for release upon findings by the trier of fact that,
279	beyond a reasonable doubt:
280	(1)  The defendant committed murder in the first degree in
281	violation of s. 782.04(1) and a death sentence was not imposed;
282	murder in the second or third degree in violation of s.
283	782.04(2), (3), or (4); attempted murder in the first or second
284	degree in violation of s. 782.04(1)(a) 782.04(1)(a)1. or (2); or
285	attempted felony murder in violation of s. 782.051; and
286	Section 14.  Paragraph (a) of subsection (2) of section
287	794.011, Florida Statutes, is amended to read:
288	794.011  Sexual battery.-
289	(2)(a)  A person 18 years of age or older who commits
290	sexual battery upon, or in an attempt to commit sexual battery
291	injures the sexual organs of, a person less than 12 years of age
292	commits a capital felony, punishable as provided in s. ss.
293	775.082 and 921.141.
294	Section 15.  Paragraphs (b) through (l) of subsection (1)
295	of section 893.135, Florida Statutes, are amended to read:
296	893.135  Trafficking; mandatory sentences; suspension or
297	reduction of sentences; conspiracy to engage in trafficking.-
298	(1)  Except as authorized in this chapter or in chapter 499
299	and notwithstanding the provisions of s. 893.13:
300	(b)1.  Any person who knowingly sells, purchases,
301	manufactures, delivers, or brings into this state, or who is
302	knowingly in actual or constructive possession of, 28 grams or
303	more of cocaine, as described in s. 893.03(2)(a)4., or of any
304	mixture containing cocaine, but less than 150 kilograms of
305	cocaine or any such mixture, commits a felony of the first
306	degree, which felony shall be known as "trafficking in cocaine,"
307	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
308	If the quantity involved:
309	a.  Is 28 grams or more, but less than 200 grams, such
310	person shall be sentenced to a mandatory minimum term of
311	imprisonment of 3 years, and the defendant shall be ordered to
312	pay a fine of $50,000.
313	b.  Is 200 grams or more, but less than 400 grams, such
314	person shall be sentenced to a mandatory minimum term of
315	imprisonment of 7 years, and the defendant shall be ordered to
316	pay a fine of $100,000.
317	c.  Is 400 grams or more, but less than 150 kilograms, such
318	person shall be sentenced to a mandatory minimum term of
319	imprisonment of 15 calendar years and pay a fine of $250,000.
320	2.  Any person who knowingly sells, purchases,
321	manufactures, delivers, or brings into this state, or who is
322	knowingly in actual or constructive possession of, 150 kilograms
323	or more of cocaine, as described in s. 893.03(2)(a)4., commits
324	the first degree felony of trafficking in cocaine. A person who
325	has been convicted of the first degree felony of trafficking in
326	cocaine under this subparagraph shall be punished by life
327	imprisonment and is ineligible for any form of discretionary
328	early release except pardon or executive clemency or conditional
329	medical release under s. 947.149. However, if the court
330	determines that, in addition to committing any act specified in
331	this paragraph:
332	a.  The person intentionally killed an individual or
333	counseled, commanded, induced, procured, or caused the
334	intentional killing of an individual and such killing was the
335	result; or
336	b.  The person's conduct in committing that act led to a
337	natural, though not inevitable, lethal result,
338
339	such person commits the capital felony of trafficking in
340	cocaine, punishable as provided in s. ss. 775.082 and 921.142.
341	Any person sentenced for a capital felony under this paragraph
342	shall also be sentenced to pay the maximum fine provided under
343	subparagraph 1.
344	3.  Any person who knowingly brings into this state 300
345	kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
346	and who knows that the probable result of such importation would
347	be the death of any person, commits capital importation of
348	cocaine, a capital felony punishable as provided in s. ss.
349	775.082 and 921.142. Any person sentenced for a capital felony
350	under this paragraph shall also be sentenced to pay the maximum
351	fine provided under subparagraph 1.
352	(c)1.  Any person who knowingly sells, purchases,
353	manufactures, delivers, or brings into this state, or who is
354	knowingly in actual or constructive possession of, 4 grams or
355	more of any morphine, opium, oxycodone, hydrocodone,
356	hydromorphone, or any salt, derivative, isomer, or salt of an
357	isomer thereof, including heroin, as described in s.
358	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
359	of any mixture containing any such substance, but less than 30
360	kilograms of such substance or mixture, commits a felony of the
361	first degree, which felony shall be known as "trafficking in
362	illegal drugs," punishable as provided in s. 775.082, s.
363	775.083, or s. 775.084. If the quantity involved:
364	a.  Is 4 grams or more, but less than 14 grams, such person
365	shall be sentenced to a mandatory minimum term of imprisonment
366	of 3 years, and the defendant shall be ordered to pay a fine of
367	$50,000.
368	b.  Is 14 grams or more, but less than 28 grams, such
369	person shall be sentenced to a mandatory minimum term of
370	imprisonment of 15 years, and the defendant shall be ordered to
371	pay a fine of $100,000.
372	c.  Is 28 grams or more, but less than 30 kilograms, such
373	person shall be sentenced to a mandatory minimum term of
374	imprisonment of 25 calendar years and pay a fine of $500,000.
375	2.  Any person who knowingly sells, purchases,
376	manufactures, delivers, or brings into this state, or who is
377	knowingly in actual or constructive possession of, 30 kilograms
378	or more of any morphine, opium, oxycodone, hydrocodone,
379	hydromorphone, or any salt, derivative, isomer, or salt of an
380	isomer thereof, including heroin, as described in s.
381	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
382	more of any mixture containing any such substance, commits the
383	first degree felony of trafficking in illegal drugs. A person
384	who has been convicted of the first degree felony of trafficking
385	in illegal drugs under this subparagraph shall be punished by
386	life imprisonment and is ineligible for any form of
387	discretionary early release except pardon or executive clemency
388	or conditional medical release under s. 947.149. However, if the
389	court determines that, in addition to committing any act
390	specified in this paragraph:
391	a.  The person intentionally killed an individual or
392	counseled, commanded, induced, procured, or caused the
393	intentional killing of an individual and such killing was the
394	result; or
395	b.  The person's conduct in committing that act led to a
396	natural, though not inevitable, lethal result,
397
398	such person commits the capital felony of trafficking in illegal
399	drugs, punishable as provided in s. ss. 775.082 and 921.142. Any
400	person sentenced for a capital felony under this paragraph shall
401	also be sentenced to pay the maximum fine provided under
402	subparagraph 1.
403	3.  Any person who knowingly brings into this state 60
404	kilograms or more of any morphine, opium, oxycodone,
405	hydrocodone, hydromorphone, or any salt, derivative, isomer, or
406	salt of an isomer thereof, including heroin, as described in s.
407	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
408	more of any mixture containing any such substance, and who knows
409	that the probable result of such importation would be the death
410	of any person, commits capital importation of illegal drugs, a
411	capital felony punishable as provided in s. ss. 775.082 and
412	921.142. Any person sentenced for a capital felony under this
413	paragraph shall also be sentenced to pay the maximum fine
414	provided under subparagraph 1.
415	(d)1.  Any person who knowingly sells, purchases,
416	manufactures, delivers, or brings into this state, or who is
417	knowingly in actual or constructive possession of, 28 grams or
418	more of phencyclidine or of any mixture containing
419	phencyclidine, as described in s. 893.03(2)(b), commits a felony
420	of the first degree, which felony shall be known as "trafficking
421	in phencyclidine," punishable as provided in s. 775.082, s.
422	775.083, or s. 775.084. If the quantity involved:
423	a.  Is 28 grams or more, but less than 200 grams, such
424	person shall be sentenced to a mandatory minimum term of
425	imprisonment of 3 years, and the defendant shall be ordered to
426	pay a fine of $50,000.
427	b.  Is 200 grams or more, but less than 400 grams, such
428	person shall be sentenced to a mandatory minimum term of
429	imprisonment of 7 years, and the defendant shall be ordered to
430	pay a fine of $100,000.
431	c.  Is 400 grams or more, such person shall be sentenced to
432	a mandatory minimum term of imprisonment of 15 calendar years
433	and pay a fine of $250,000.
434	2.  Any person who knowingly brings into this state 800
435	grams or more of phencyclidine or of any mixture containing
436	phencyclidine, as described in s. 893.03(2)(b), and who knows
437	that the probable result of such importation would be the death
438	of any person commits capital importation of phencyclidine, a
439	capital felony punishable as provided in s. ss. 775.082 and
440	921.142. Any person sentenced for a capital felony under this
441	paragraph shall also be sentenced to pay the maximum fine
442	provided under subparagraph 1.
443	(e)1.  Any person who knowingly sells, purchases,
444	manufactures, delivers, or brings into this state, or who is
445	knowingly in actual or constructive possession of, 200 grams or
446	more of methaqualone or of any mixture containing methaqualone,
447	as described in s. 893.03(1)(d), commits a felony of the first
448	degree, which felony shall be known as "trafficking in
449	methaqualone," punishable as provided in s. 775.082, s. 775.083,
450	or s. 775.084. If the quantity involved:
451	a.  Is 200 grams or more, but less than 5 kilograms, such
452	person shall be sentenced to a mandatory minimum term of
453	imprisonment of 3 years, and the defendant shall be ordered to
454	pay a fine of $50,000.
455	b.  Is 5 kilograms or more, but less than 25 kilograms,
456	such person shall be sentenced to a mandatory minimum term of
457	imprisonment of 7 years, and the defendant shall be ordered to
458	pay a fine of $100,000.
459	c.  Is 25 kilograms or more, such person shall be sentenced
460	to a mandatory minimum term of imprisonment of 15 calendar years
461	and pay a fine of $250,000.
462	2.  Any person who knowingly brings into this state 50
463	kilograms or more of methaqualone or of any mixture containing
464	methaqualone, as described in s. 893.03(1)(d), and who knows
465	that the probable result of such importation would be the death
466	of any person commits capital importation of methaqualone, a
467	capital felony punishable as provided in s. ss. 775.082 and
468	921.142. Any person sentenced for a capital felony under this
469	paragraph shall also be sentenced to pay the maximum fine
470	provided under subparagraph 1.
471	(f)1.  Any person who knowingly sells, purchases,
472	manufactures, delivers, or brings into this state, or who is
473	knowingly in actual or constructive possession of, 14 grams or
474	more of amphetamine, as described in s. 893.03(2)(c)2., or
475	methamphetamine, as described in s. 893.03(2)(c)4., or of any
476	mixture containing amphetamine or methamphetamine, or
477	phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
478	in conjunction with other chemicals and equipment utilized in
479	the manufacture of amphetamine or methamphetamine, commits a
480	felony of the first degree, which felony shall be known as
481	"trafficking in amphetamine," punishable as provided in s.
482	775.082, s. 775.083, or s. 775.084. If the quantity involved:
483	a.  Is 14 grams or more, but less than 28 grams, such
484	person shall be sentenced to a mandatory minimum term of
485	imprisonment of 3 years, and the defendant shall be ordered to
486	pay a fine of $50,000.
487	b.  Is 28 grams or more, but less than 200 grams, such
488	person shall be sentenced to a mandatory minimum term of
489	imprisonment of 7 years, and the defendant shall be ordered to
490	pay a fine of $100,000.
491	c.  Is 200 grams or more, such person shall be sentenced to
492	a mandatory minimum term of imprisonment of 15 calendar years
493	and pay a fine of $250,000.
494	2.  Any person who knowingly manufactures or brings into
495	this state 400 grams or more of amphetamine, as described in s.
496	893.03(2)(c)2., or methamphetamine, as described in s.
497	893.03(2)(c)4., or of any mixture containing amphetamine or
498	methamphetamine, or phenylacetone, phenylacetic acid,
499	pseudoephedrine, or ephedrine in conjunction with other
500	chemicals and equipment used in the manufacture of amphetamine
501	or methamphetamine, and who knows that the probable result of
502	such manufacture or importation would be the death of any person
503	commits capital manufacture or importation of amphetamine, a
504	capital felony punishable as provided in s. ss. 775.082 and
505	921.142. Any person sentenced for a capital felony under this
506	paragraph shall also be sentenced to pay the maximum fine
507	provided under subparagraph 1.
508	(g)1.  Any person who knowingly sells, purchases,
509	manufactures, delivers, or brings into this state, or who is
510	knowingly in actual or constructive possession of, 4 grams or
511	more of flunitrazepam or any mixture containing flunitrazepam as
512	described in s. 893.03(1)(a) commits a felony of the first
513	degree, which felony shall be known as "trafficking in
514	flunitrazepam," punishable as provided in s. 775.082, s.
515	775.083, or s. 775.084. If the quantity involved:
516	a.  Is 4 grams or more but less than 14 grams, such person
517	shall be sentenced to a mandatory minimum term of imprisonment
518	of 3 years, and the defendant shall be ordered to pay a fine of
519	$50,000.
520	b.  Is 14 grams or more but less than 28 grams, such person
521	shall be sentenced to a mandatory minimum term of imprisonment
522	of 7 years, and the defendant shall be ordered to pay a fine of
523	$100,000.
524	c.  Is 28 grams or more but less than 30 kilograms, such
525	person shall be sentenced to a mandatory minimum term of
526	imprisonment of 25 calendar years and pay a fine of $500,000.
527	2.  Any person who knowingly sells, purchases,
528	manufactures, delivers, or brings into this state or who is
529	knowingly in actual or constructive possession of 30 kilograms
530	or more of flunitrazepam or any mixture containing flunitrazepam
531	as described in s. 893.03(1)(a) commits the first degree felony
532	of trafficking in flunitrazepam. A person who has been convicted
533	of the first degree felony of trafficking in flunitrazepam under
534	this subparagraph shall be punished by life imprisonment and is
535	ineligible for any form of discretionary early release except
536	pardon or executive clemency or conditional medical release
537	under s. 947.149. However, if the court determines that, in
538	addition to committing any act specified in this paragraph:
539	a.  The person intentionally killed an individual or
540	counseled, commanded, induced, procured, or caused the
541	intentional killing of an individual and such killing was the
542	result; or
543	b.  The person's conduct in committing that act led to a
544	natural, though not inevitable, lethal result,
545
546	such person commits the capital felony of trafficking in
547	flunitrazepam, punishable as provided in s. ss. 775.082 and
548	921.142. Any person sentenced for a capital felony under this
549	paragraph shall also be sentenced to pay the maximum fine
550	provided under subparagraph 1.
551	(h)1.  Any person who knowingly sells, purchases,
552	manufactures, delivers, or brings into this state, or who is
553	knowingly in actual or constructive possession of, 1 kilogram or
554	more of gamma-hydroxybutyric acid (GHB), as described in s.
555	893.03(1)(d), or any mixture containing gamma-hydroxybutyric
556	acid (GHB), commits a felony of the first degree, which felony
557	shall be known as "trafficking in gamma-hydroxybutyric acid
558	(GHB)," punishable as provided in s. 775.082, s. 775.083, or s.
559	775.084. If the quantity involved:
560	a.  Is 1 kilogram or more but less than 5 kilograms, such
561	person shall be sentenced to a mandatory minimum term of
562	imprisonment of 3 years, and the defendant shall be ordered to
563	pay a fine of $50,000.
564	b.  Is 5 kilograms or more but less than 10 kilograms, such
565	person shall be sentenced to a mandatory minimum term of
566	imprisonment of 7 years, and the defendant shall be ordered to
567	pay a fine of $100,000.
568	c.  Is 10 kilograms or more, such person shall be sentenced
569	to a mandatory minimum term of imprisonment of 15 calendar years
570	and pay a fine of $250,000.
571	2.  Any person who knowingly manufactures or brings into
572	this state 150 kilograms or more of gamma-hydroxybutyric acid
573	(GHB), as described in s. 893.03(1)(d), or any mixture
574	containing gamma-hydroxybutyric acid (GHB), and who knows that
575	the probable result of such manufacture or importation would be
576	the death of any person commits capital manufacture or
577	importation of gamma-hydroxybutyric acid (GHB), a capital felony
578	punishable as provided in s. ss. 775.082 and 921.142. Any person
579	sentenced for a capital felony under this paragraph shall also
580	be sentenced to pay the maximum fine provided under subparagraph
581	1.
582	(i)1.  Any person who knowingly sells, purchases,
583	manufactures, delivers, or brings into this state, or who is
584	knowingly in actual or constructive possession of, 1 kilogram or
585	more of gamma-butyrolactone (GBL), as described in s.
586	893.03(1)(d), or any mixture containing gamma-butyrolactone
587	(GBL), commits a felony of the first degree, which felony shall
588	be known as "trafficking in gamma-butyrolactone (GBL),"
589	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
590	If the quantity involved:
591	a.  Is 1 kilogram or more but less than 5 kilograms, such
592	person shall be sentenced to a mandatory minimum term of
593	imprisonment of 3 years, and the defendant shall be ordered to
594	pay a fine of $50,000.
595	b.  Is 5 kilograms or more but less than 10 kilograms, such
596	person shall be sentenced to a mandatory minimum term of
597	imprisonment of 7 years, and the defendant shall be ordered to
598	pay a fine of $100,000.
599	c.  Is 10 kilograms or more, such person shall be sentenced
600	to a mandatory minimum term of imprisonment of 15 calendar years
601	and pay a fine of $250,000.
602	2.  Any person who knowingly manufactures or brings into
603	the state 150 kilograms or more of gamma-butyrolactone (GBL), as
604	described in s. 893.03(1)(d), or any mixture containing gamma-
605	butyrolactone (GBL), and who knows that the probable result of
606	such manufacture or importation would be the death of any person
607	commits capital manufacture or importation of gamma-
608	butyrolactone (GBL), a capital felony punishable as provided in
609	s. ss. 775.082 and 921.142. Any person sentenced for a capital
610	felony under this paragraph shall also be sentenced to pay the
611	maximum fine provided under subparagraph 1.
612	(j)1.  Any person who knowingly sells, purchases,
613	manufactures, delivers, or brings into this state, or who is
614	knowingly in actual or constructive possession of, 1 kilogram or
615	more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
616	any mixture containing 1,4-Butanediol, commits a felony of the
617	first degree, which felony shall be known as "trafficking in
618	1,4-Butanediol," punishable as provided in s. 775.082, s.
619	775.083, or s. 775.084. If the quantity involved:
620	a.  Is 1 kilogram or more, but less than 5 kilograms, such
621	person shall be sentenced to a mandatory minimum term of
622	imprisonment of 3 years, and the defendant shall be ordered to
623	pay a fine of $50,000.
624	b.  Is 5 kilograms or more, but less than 10 kilograms,
625	such person shall be sentenced to a mandatory minimum term of
626	imprisonment of 7 years, and the defendant shall be ordered to
627	pay a fine of $100,000.
628	c.  Is 10 kilograms or more, such person shall be sentenced
629	to a mandatory minimum term of imprisonment of 15 calendar years
630	and pay a fine of $500,000.
631	2.  Any person who knowingly manufactures or brings into
632	this state 150 kilograms or more of 1,4-Butanediol as described
633	in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
634	and who knows that the probable result of such manufacture or
635	importation would be the death of any person commits capital
636	manufacture or importation of 1,4-Butanediol, a capital felony
637	punishable as provided in s. ss. 775.082 and 921.142. Any person
638	sentenced for a capital felony under this paragraph shall also
639	be sentenced to pay the maximum fine provided under subparagraph
640	1.
641	(k)1.  Any person who knowingly sells, purchases,
642	manufactures, delivers, or brings into this state, or who is
643	knowingly in actual or constructive possession of, 10 grams or
644	more of any of the following substances described in s.
645	893.03(1)(a) or (c):
646	a.  3,4-Methylenedioxymethamphetamine (MDMA);
647	b.  4-Bromo-2,5-dimethoxyamphetamine;
648	c.  4-Bromo-2,5-dimethoxyphenethylamine;
649	d.  2,5-Dimethoxyamphetamine;
650	e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
651	f.  N-ethylamphetamine;
652	g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
653	h.  5-Methoxy-3,4-methylenedioxyamphetamine;
654	i.  4-methoxyamphetamine;
655	j.  4-methoxymethamphetamine;
656	k.  4-Methyl-2,5-dimethoxyamphetamine;
657	l.  3,4-Methylenedioxy-N-ethylamphetamine;
658	m.  3,4-Methylenedioxyamphetamine;
659	n.  N,N-dimethylamphetamine; or
660	o.  3,4,5-Trimethoxyamphetamine,
661
662	individually or in any combination of or any mixture containing
663	any substance listed in sub-subparagraphs a.-o., commits a
664	felony of the first degree, which felony shall be known as
665	"trafficking in Phenethylamines," punishable as provided in s.
666	775.082, s. 775.083, or s. 775.084.
667	2.  If the quantity involved:
668	a.  Is 10 grams or more but less than 200 grams, such
669	person shall be sentenced to a mandatory minimum term of
670	imprisonment of 3 years, and the defendant shall be ordered to
671	pay a fine of $50,000.
672	b.  Is 200 grams or more, but less than 400 grams, such
673	person shall be sentenced to a mandatory minimum term of
674	imprisonment of 7 years, and the defendant shall be ordered to
675	pay a fine of $100,000.
676	c.  Is 400 grams or more, such person shall be sentenced to
677	a mandatory minimum term of imprisonment of 15 calendar years
678	and pay a fine of $250,000.
679	3.  Any person who knowingly manufactures or brings into
680	this state 30 kilograms or more of any of the following
681	substances described in s. 893.03(1)(a) or (c):
682	a.  3,4-Methylenedioxymethamphetamine (MDMA);
683	b.  4-Bromo-2,5-dimethoxyamphetamine;
684	c.  4-Bromo-2,5-dimethoxyphenethylamine;
685	d.  2,5-Dimethoxyamphetamine;
686	e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
687	f.  N-ethylamphetamine;
688	g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
689	h.  5-Methoxy-3,4-methylenedioxyamphetamine;
690	i.  4-methoxyamphetamine;
691	j.  4-methoxymethamphetamine;
692	k.  4-Methyl-2,5-dimethoxyamphetamine;
693	l.  3,4-Methylenedioxy-N-ethylamphetamine;
694	m.  3,4-Methylenedioxyamphetamine;
695	n.  N,N-dimethylamphetamine; or
696	o.  3,4,5-Trimethoxyamphetamine,
697
698	individually or in any combination of or any mixture containing
699	any substance listed in sub-subparagraphs a.-o., and who knows
700	that the probable result of such manufacture or importation
701	would be the death of any person commits capital manufacture or
702	importation of Phenethylamines, a capital felony punishable as
703	provided in s. ss. 775.082 and 921.142. Any person sentenced for
704	a capital felony under this paragraph shall also be sentenced to
705	pay the maximum fine provided under subparagraph 1.
706	(l)1.  Any person who knowingly sells, purchases,
707	manufactures, delivers, or brings into this state, or who is
708	knowingly in actual or constructive possession of, 1 gram or
709	more of lysergic acid diethylamide (LSD) as described in s.
710	893.03(1)(c), or of any mixture containing lysergic acid
711	diethylamide (LSD), commits a felony of the first degree, which
712	felony shall be known as "trafficking in lysergic acid
713	diethylamide (LSD)," punishable as provided in s. 775.082, s.
714	775.083, or s. 775.084. If the quantity involved:
715	a.  Is 1 gram or more, but less than 5 grams, such person
716	shall be sentenced to a mandatory minimum term of imprisonment
717	of 3 years, and the defendant shall be ordered to pay a fine of
718	$50,000.
719	b.  Is 5 grams or more, but less than 7 grams, such person
720	shall be sentenced to a mandatory minimum term of imprisonment
721	of 7 years, and the defendant shall be ordered to pay a fine of
722	$100,000.
723	c.  Is 7 grams or more, such person shall be sentenced to a
724	mandatory minimum term of imprisonment of 15 calendar years and
725	pay a fine of $500,000.
726	2.  Any person who knowingly manufactures or brings into
727	this state 7 grams or more of lysergic acid diethylamide (LSD)
728	as described in s. 893.03(1)(c), or any mixture containing
729	lysergic acid diethylamide (LSD), and who knows that the
730	probable result of such manufacture or importation would be the
731	death of any person commits capital manufacture or importation
732	of lysergic acid diethylamide (LSD), a capital felony punishable
733	as provided in s. ss. 775.082 and 921.142. Any person sentenced
734	for a capital felony under this paragraph shall also be
735	sentenced to pay the maximum fine provided under subparagraph 1.
736	Section 16.  Sections 922.052, 922.06, 922.07, 922.08,
737	922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
738	922.14, and 922.15, Florida Statutes, are repealed.
739	Section 17.  Section 924.055, Florida Statutes, is amended
740	to read:
741	924.055  Postconviction review in capital cases;
742	legislative findings and intent.-
743	(1)  It is the intent of the Legislature to reduce delays
744	in capital cases and to ensure that all appeals and
745	postconviction actions in capital cases are resolved within 5
746	years after the date a sentence of death is imposed in the
747	circuit court. All capital postconviction actions must be filed
748	as early as possible after the imposition of a sentence of death
749	which may be during a direct appeal of the conviction and
750	sentence. A person sentenced to death or that person's capital
751	postconviction counsel must file any postconviction legal action
752	in compliance with the statutes of limitation established in s.
753	924.056 and elsewhere in this chapter. Except as expressly
754	allowed by s. 924.056(5), a person sentenced to death or that
755	person's capital postconviction counsel may not file more than
756	one postconviction action in a sentencing court and one appeal
757	therefrom to the Florida Supreme Court, unless authorized by
758	law.
759	(2)  It is the further intent of the Legislature that no
760	state resources be expended in violation of this act. In the
761	event that any state employee or party contracting with the
762	state violates the provisions of this act, the Attorney General
763	shall deliver to the Speaker of the House of Representatives and
764	the President of the Senate a copy of any court pleading or
765	order that describes or adjudicates a violation.
766	Section 18.  Sections 924.056 and 924.057, Florida
767	Statutes, are repealed.
768	Section 19.  Subsection (1) of section 924.058, Florida
769	Statutes, is amended to read:
770	924.058  Capital postconviction claims.-This section shall
771	regulate the procedures in actions for capital postconviction
772	relief commencing after the effective date of this act unless
773	and until such procedures are revised by rule or rules adopted
774	by the Florida Supreme Court which specifically reference this
775	section.
776	(1)  The defendant or the defendant's capital
777	postconviction counsel shall not file more than one capital
778	postconviction action in the sentencing court, one appeal
779	therefrom in the Florida Supreme Court, and one original capital
780	postconviction action alleging the ineffectiveness of direct
781	appeal counsel in the Florida Supreme Court, except as expressly
782	allowed by s. 924.056(5).
783	Section 20.  Subsection (8) of section 924.059, Florida
784	Statutes, is amended to read:
785	924.059  Time limitations and judicial review in capital
786	postconviction actions.-This section shall regulate the
787	procedures in actions for capital postconviction relief
788	commencing after the effective date of this act unless and until
789	such procedures are revised by rule or rules adopted by the
790	Florida Supreme Court which specifically reference this section.
791	(8)  A capital postconviction action filed in violation of
792	the time limitations provided by statute is barred, and all
793	claims raised therein are waived. A state court shall not
794	consider any capital postconviction action filed in violation of
795	s. 924.056 or s. 924.057. The Attorney General shall deliver to
796	the Governor, the President of the Senate, and the Speaker of
797	the House of Representatives a copy of any pleading or order
798	that alleges or adjudicates any violation of this provision.
799	Section 21.  Subsection (4) of section 925.11, Florida
800	Statutes, is amended to read:
801	925.11  Postsentencing DNA testing.-
802	(4)  PRESERVATION OF EVIDENCE.-
803	(a)  Governmental entities that may be in possession of any
804	physical evidence in the case, including, but not limited to,
805	any investigating law enforcement agency, the clerk of the
806	court, the prosecuting authority, or the Department of Law
807	Enforcement shall maintain any physical evidence collected at
808	the time of the crime for which a postsentencing testing of DNA
809	may be requested.
810	(b)  In a case in which the death penalty is imposed, the
811	evidence shall be maintained for 60 days after execution of the
812	sentence. In all other cases, a governmental entity may dispose
813	of the physical evidence if the term of the sentence imposed in
814	the case has expired and no other provision of law or rule
815	requires that the physical evidence be preserved or retained.
816	Section 22.  Paragraphs (g) and (h) of subsection (1) and
817	subsection (2) of section 945.10, Florida Statutes, are amended
818	to read:
819	945.10  Confidential information.-
820	(1)  Except as otherwise provided by law or in this
821	section, the following records and information held by the
822	Department of Corrections are confidential and exempt from the
823	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
824	Constitution:
825	(g)  Information which identifies an executioner, or any
826	person prescribing, preparing, compounding, dispensing, or
827	administering a lethal injection.
828	(g)(h)  Records that are otherwise confidential or exempt
829	from public disclosure by law.
830	(2)  The records and information specified in subsection
831	paragraphs (1)(a)-(h) may be released as follows unless
832	expressly prohibited by federal law:
833	(a)  Information specified in paragraphs (1)(b), (d), and
834	(f) to the Office of the Governor, the Legislature, the Parole
835	Commission, the Department of Children and Family Services, a
836	private correctional facility or program that operates under a
837	contract, the Department of Legal Affairs, a state attorney, the
838	court, or a law enforcement agency. A request for records or
839	information pursuant to this paragraph need not be in writing.
840	(b)  Information specified in paragraphs (1)(c), (e), and
841	(g)(h) to the Office of the Governor, the Legislature, the
842	Parole Commission, the Department of Children and Family
843	Services, a private correctional facility or program that
844	operates under contract, the Department of Legal Affairs, a
845	state attorney, the court, or a law enforcement agency. A
846	request for records or information pursuant to this paragraph
847	must be in writing and a statement provided demonstrating a need
848	for the records or information.
849	(c)  Information specified in paragraph (1)(b) to an
850	attorney representing an inmate under sentence of death, except
851	those portions of the records containing a victim's statement or
852	address, or the statement or address of a relative of the
853	victim. A request for records of information pursuant to this
854	paragraph must be in writing and a statement provided
855	demonstrating a need for the records or information.
856	(d)  Information specified in paragraph (1)(b) to a public
857	defender representing a defendant, except those portions of the
858	records containing a victim's statement or address, or the
859	statement or address of a relative of the victim. A request for
860	records or information pursuant to this paragraph need not be in
861	writing.
862	(e)  Information specified in paragraph (1)(b) to state or
863	local governmental agencies. A request for records or
864	information pursuant to this paragraph must be in writing and a
865	statement provided demonstrating a need for the records or
866	information.
867	(f)  Information specified in paragraph (1)(b) to a person
868	conducting legitimate research. A request for records and
869	information pursuant to this paragraph must be in writing, the
870	person requesting the records or information must sign a
871	confidentiality agreement, and the department must approve the
872	request in writing.
873	(g)  Information specified in paragraph (1)(a) to the
874	Department of Health and the county health department where an
875	inmate plans to reside if he or she has tested positive for the
876	presence of the antibody or antigen to human immunodeficiency
877	virus infection.
878
879	Records and information released under this subsection remain
880	confidential and exempt from the provisions of s. 119.07(1) and
881	s. 24(a), Art. I of the State Constitution when held by the
882	receiving person or entity.
883	Section 23.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.